email from CJD

[senoritacindy 0]

good evening,

in nov. 2004 my husband (then fiance) was denied a k-1 visa because of drug use. so now we are in the process of reapplying. in march we went to mexico city and filed an i-130 visa. recently we got a letter from immigration that the papers had been forwarded to cdj, so i sent them an email to see if they could give me a case number or some information about time lines. this was their response back:

On Nov 10 2004 Mr. (husband's!) K1 visa was denied under section 1A4,

according the immigration law He will be able to get another appointment

until November 2007. On Apr 2007 we received the approved I-130

petition. Please contact us after November 2007 so we can give you exact

information about your husband's situation. I apologize for the inconvenience

so, will he be able to have the appointment in november when the 3 year ban is up, or are we suppose to contact them after november and then be waiting until...who knows when?! doesnt the email say both of those things?

any ideas, anyone?

thanks for the help!

cindy

[kitkat1 5]

good evening,

in nov. 2004 my husband (then fiance) was denied a k-1 visa because of drug use. so now we are in the process of reapplying. in march we went to mexico city and filed an i-130 visa. recently we got a letter from immigration that the papers had been forwarded to cdj, so i sent them an email to see if they could give me a case number or some information about time lines. this was their response back:

On Nov 10 2004 Mr. (husband's!) K1 visa was denied under section 1A4,

according the immigration law He will be able to get another appointment

until November 2007. On Apr 2007 we received the approved I-130

petition. Please contact us after November 2007 so we can give you exact

information about your husband's situation. I apologize for the inconvenience

so, will he be able to have the appointment in november when the 3 year ban is up, or are we suppose to contact them after november and then be waiting until...who knows when?! doesnt the email say both of those things?

any ideas, anyone?

thanks for the help!

cindy

Cindy, the people who email from CDJ do not have a good command of the English language and do not know anything about immigration law. I would recommend two things - contact the state senator at your permanent US address using their website privacy form and fax it to them, then call to follow up and make sure it was received and that they tell you who your contact person is. Request in your letter that they get the exact, step by step process for you. If you don't get answers, I would do an email consult with attorney Laurel Scott. Since she has experience at CDJ and these situations, she *should* be able to guide you.

Good luck!

p.s. you can always email again with to simply request his case number. They should at least be able to give you this and I suspect the senator's office will request this too.

[kitkat1 5]

Cindy, this *might* help you:

http://www.ilw.com/articles/2005,1215-wheeler.shtm

The most common ground for denial is for unlawful presence. Applicants subject to the three- or ten-year bar are told to complete an I-601 waiver, which is forwarded to Mr. Janssen's office. The next most common reason is for prior fraud on misrepresentation. These applicants can also submit a waiver application pursuant to section 212(i). The third is for prior drug use. Persons who admit during the medical exam to using an illegal drug within the last three years, or who are found with these substances in their system after drug screening, are inadmissible as drug abusers. There is an exception for mere experimentation (single use). There is no waiver for this medical ground, but applicants who have been in remission for three years since the last drug use can reapply for the visa. The consulate will keep the case open during this period. They should come prepared with evidence that they have undergone drug counseling or similar rehabilitation.